The Director of Public Prosecutions, Noordin Haji, has rejected the charges levelled against former Interior CS Fred Matiang’i.
This came after the DPP said that the investigating officers had given insufficient evidence over the warranted charges.
“Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the Director of Public Prosecutions found that the evidence provided was not sufficient to sustain the above charges against Dr Fred Okeng’o Matiang’i and his advocate Mr Danstan Omari,” Haji said.
“The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” he added.
The DCI had recommended that the former CS be charged with conspiracy to commit a felony contrary to section 393 of the Penal Code, but then the DPP ordered the DCI to close the file without any further police action.
He was also charged with publication of false information contrary to Section 23 of the computer and cybercrime Act no. 5 of 2018.
Last week on Tuesday, Matiang’i appeared before the DCI following several summons that were made to him.
A stalemate ensured at DCI after former Interior CS refused to record a statement, and instead invoked the right to remain silent.
One of his lawyers Steve Mogaka said the investigators framed their two areas of interest to which Matiang’i on the advice of his legal team invoked his constitutional right to remain silent.
“The investigation team which appeared to be receiving orders from elsewhere threatened to arrest the CS. The legal team reminded the investigators that there is a court order ( anticipatory bail/ bond) restraining any such intended arrest,” said Mogaka in a Facebook post.